In addition To HOA bylaws, you are also governed by City Codes and Florida Statues, see your city codes page for more information.
High grass, trash and/or debris on vacant lots and occupied properties constitute violations of the nuisance section of the ordinance. Failure to correct violations of this section may result in removal of violations (abatement) by city contractor with related contracting and administrative costs (liens) placed on the property. In addition, violations may result in referral of the owner to the Special Magistrate for prosecution and possible subsequent fines, which 'roll' or continue until the owner complies all cited violations.
Conditions Prohibited and Declared Public Nuisances
An excessive accumulation or untended growth or weeds, grass, underbrush or undergrowth or other noxious vegetation (but not including trees, plants or other vegetation protected by law)
A building, structure, premise, or other place which provides uncontrolled breeding places, protection, or shelter for rodents, vermin or other pests
A wholly or partially man-made pool, pond, or other body of water which tends to produce disease vectors, biting insects and/or pests. In addition, in case of swimming pools, water quality and clarity may be declared a threat to or endangerment of public health and safety when the clarity of the pool water is such that the main drain grate is not completely visible to a person standing on the pool deck, or the re-circulation system or disinfection feeding equipment is missing or not functioning
Obstructions or diversion of the natural or artificial flow of water, whether by dams, blocks or other means, which tend to produce or results in the stagnation of water
Garbage, trash, rubbish or debris.
Dead or dying trees, limbs, branches or parts which threaten or endanger public safety and/or welfare.
Unsecured vacant building or dwelling.
Abandoned personal property of dispossessed residents. Any owner who physically retakes possession of property through eviction, foreclosure, or other means and removes personal items of the previous resident from the property shall place such items in the designated trash collection area of the property, or, if there is no such area and the owner must place such items on the curb, all loose items, with the exception of furniture, shall be placed in trash receptacles or in boxes or bags and stacked neatly on the curb in accordance with Chapter 382 of the Ordinance Code.
Any mobile home or modular building that has been placed on private property without or in violation of a permit for installation from the Building Department or which has not been or is not properly connected to water, sewer or electric utility service. Utility service for sewer may be through a licensed or permitted septic system, if such sewer service is allowed for that property.
Bushes, shrubbery, or other overgrowth shall not exceed the height of the lowest portion of windowsills or window frames on vacant buildings and structures, and shall not cover or impede any entryway of a vacant building or structure. NOTE: Conditions cited above must be terminated, corrected or abated within 15 days of the date of notice, unless otherwise instructed by notice or citation to comply within a specified time period.
Junk vehicles are defined as: inoperable vehicles which threaten or endanger public safety or welfare; creates a blighting influence upon the neighborhood where the vehicle rests; or is, or may reasonably become, infested or inhabited by rodents, vermin or other animals, or may furnish a breeding place for rodents, vermin, or animals. Inoperable, when referring to a vehicle, means the vehicle is incapable of being immediately driven, moved, or pulled in the manner for which it is intended or designed.
Abandoned vehicles are defined as: vehicles that do not bear a license plate, or on which the displayed license plate is invalid, unless said vehicle is stored within a completely enclosed building or unless it is stored on a bona fide sales lot or an automobile storage yard or automobile wrecking yard.
Sec. 24-17. - City Of Atlantic Beach Ordinance Definitions.
For purposes of this chapter, the following terms shall have the meanings as set forth within this section. Where applicable and appropriate to the context, definitions as set forth within the Florida Building Code, within Florida Statutes, or as established by state or federal agencies of government as these may be amended, shall be used in conjunction with these terms and the requirements of this chapter. Terms used in this chapter, but not defined within this section shall have their common meaning.
Note: The definitions set forth within this section establish the meaning of terms used throughout this chapter and the city's Municipal Code of Ordinances and are also instructive as to how these land development regulations are implemented related to the use and limitations on the use of lands within the city.
Abandoned vehicle shall mean any junked, discarded, or inoperable motor vehicle, including any boat, motorcycle, trailer and the like, with a mechanical or structural condition that precludes its ability for street travel or its intended use, or one that is dismantled, discarded, wrecked, demolished or not bearing current license tags. No such vehicle shall be parked or stored openly in any zoning district unless expressly permitted within that zoning district.
Code Enforcement Frequently Asked Questions, City of Jacksonville Beach
1. Can I park a boat or a trailer in my driveway?
Only boats less than 20 feet can be parked in a driveway. Hauling trailers, travel trailers, RV campers, commercial vehicles and boat’s over 20 feet must be stored behind the front yard setback.
2. Can I keep my vehicle on my property if it does not have a license tag or if it does not run?
No, all vehicles must have a current tag, good tires and must be operable. Untagged, non operable vehicles
can only be stored in an enclosed building. [Chapter 14, Article II, Junked, Abandoned Vehicles]
3. Do I need a permit to cut down a tree?
4. Are snipe signs/bandit signs allowed in Jacksonville Beach?
5. How tall can my grass be before it would be a violation?
6. Can my neighbor store piles of junk, boxes and totes outside?
No, trash, debris, junk such as furniture, appliances, paper, plastics, building materials, glass, cans, or any other material that could be considered a nuisance may not accumulate on property. [Section 19-2]
7. How many people can live in a rental house?
8. Can I replace my fence without a permit?
No, a permit is required to replace a fence. You will also need a copy of your property survey indicating where the fence is going.
9. Can I have a Portable Storage Container (POD) on my property?
A POD is allowed if there is an active building permit.
City Fines Result in Liens and Accrue Very Quickly - Sample City Letter (citing fees to be imposed at $500/day for tall grass)
Breach of Lease Notice to Vacate/Eviction Notice
"Laws in Florida allow a landlord to evict a tenant for violating a portion of the lease or rental agreement. Examples of lease violations include having pets when none are allowed, destroying part of the rental unit, parking in an unauthorized area like on the lawn, or HOA/city code non-compliance.
Types of Lease Violations in Florida and Timing for Each:
There are two different types of lease violations in Florida: curable violations and incurable violations. Both types of violations have slightly different procedures for the landlord to follow when trying to evict a tenant.
Curable Lease Violations:
A curable lease violation means that the tenant could have an opportunity to fix the violation. Some examples of curable lease violations include having a dog when no pets are allowed, parking in an unauthorized parking spot, and failing to keep the premises clean and sanitary.
A landlord can give a tenant a seven-day eviction notice as soon as the landlord is aware of the lease violation. When the lease violation is of the type that it can be remedied, or cured, the landlord must give the tenant an opportunity to either fix the violation or move out. The tenant will have seven days to do this.
If the tenant fixes the lease violation within the seven days and then does the same or similar violation within a twelve-month period, the landlord can evict the tenant without giving the tenant the opportunity to remedy the violation. The violation would then become incurable (see Fla. Stat. Ann. § 83.56(2)(b)).
Incurable Lease Violations:
An incurable lease violation means that the tenant will not have an opportunity to fix the violation. This is either because the violation is of a nature that it cannot be fixed (such as willful destruction or damage to the rental unit) or because the tenant has repeatedly violated the lease after being told to fix the violation (such as repeatedly parking in an unauthorized parking spot).
Upon learning of the lease violation, the landlord can immediately give the tenant a seven-day eviction notice. The tenant's only option in this case will be to move out of the rental unit (seeFla. Stat. Ann. § 83.56(2)(a))."
- Excerpt from Nolo Law article on Florida Law by Beth Dillman.
*Disclaimer: None of the above information is presented as legal advice, as it is not from an attorney and is provided as a helpful guide only. If you have legal questions regarding code enforcement or breach of lease/eviction issues please consult an attorney or contact your Landlord for clarification on your lease contract.
Being in violation of City Codes for Lawn Maintenance, Expired Tag on Vehicle, Garbage, etc. puts you in Breach of Lease which results in a notice to vacate.
City of Atlantic Beach fines are up to $250/day per violation.
City of Jacksonville fines are up to $500/day per violation.
The Property Safety and Maintenance Code requires maintenance standards for all residential and commercial structures.
The code addresses violations inside and outside the structure, from excessive trash and junk in the yard to obstructed sewer lines and improper plumbing or electric installations.
Failure to correct violations of this section may result in a paying citation to the owner or tenant, referral of the owner to the Special Magistrate for prosecution or abatement.
Municipal Code Compliance
The City of Jacksonville acknowledges the need to enforce property maintenance standards and to ensure a reasonable quality of life for the city's residents and neighborhoods.
Citizens play an important part in keeping our community attractive, clean, and safe. Through education, awareness, and self-enforcement, we can all contribute to making Jacksonville the best city in which to live, work, and raise a family.
The Municipal Code Compliance Division of the Neighborhoods Department enforces local ordinance code Chapter 518 - Property Safety and Maintenance Code and Chapter 656 - Zoning Code and Chapter 741 - Zero Tolerance on Litter (Snipe Signs), and Chapter 745 - Proper Display of Address Numbers, which addresses:
Property Maintenance Standards (Residential and Commercial)
Proper Display of Addresses on Commercial and Residential Buildings
Junk and Abandoned Vehicles
Tips To Avoid A City Code Enforcement Citation & A 7 Day Notice to Vacate
Maintain property appearance: Cut yards regularly, remove any trash/debris, abandoned/junk vehicles, deteriorated structures, dead trees and/or dead limbs.
Florida Statutes are automatically incorporated into any lease in Florida and therefore, non-compliance of applicable laws including Municipal Codes is automatically a violation of the lease and can result in a 7 day notice to vacate.
Example of a breach of lease notice to vacate/eviction notice as per Florida Statutes:
"You are advised that your lease is terminated effective immediately. You shall have 7 days from the delivery of this letter to vacate the premises. This action is taken because (cite the noncompliance)."
Contact your Landlord if you have any questions about Code Enforcement and your Lease.
Atlantic Restoration Council
City of Jacksonville Beach Code Enforcement Link:
Violation of HOA by laws is also a violation of your lease, tenants are responsible to be familiar with all applicable bylaws and updates.